HomeMy WebLinkAbout6901 ORDINANCE NO. 6901
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, FOR A SITE SPECIFIC REZONE
OF ONE PARCEL FROM R-5, RESIDENTIAL ZONE - FIVE
DWELLING UNITS PER ACRE TO I, INSTITUTIONAL
WHEREAS, the property was annexed to the City of Auburn in 2007 under the Lea
Hill Annexation by Ordinance No. 6121 with a Comprehensive Plan designation
established "Institutional" at the time of annexation; and
WHEREAS, Ordinance No. 6121 established the zoning of the property as R-5
Residential — Five Dwelling Units per Acre at the time of annexation; and
WHEREAS, Connor Davidge, of SSW Architecture,Applicant's Representative, on
behalf of Green River College submitted a site-specific rezone application on November
18, 2022 for King County Parcel No. 0921059229; and
WHEREAS, the project is exempt from SEPA review in accordance with WAC 197-
11-800(6)(c); and
WHEREAS, after proper notice published in the City's official newspaper at least
ten (10) days prior to the date of public hearing, the City of Auburn Hearing Examiner
conducted a public hearing, heard public testimony, and took evidence and exhibits into
consideration; and
WHEREAS, on January 23, 2023 the City of Auburn Hearing Examiner
recommended approval of the site-specific rezone application with one condition, and
made and entered Findings of Fact and Conclusions of Law based thereon in support of
that recommendation, as set forth in the Findings of Fact, Conclusions of Law and
Recommendation of the Hearing Examiner attached hereto, marked as Exhibit "A" and
Ordinance No. 6901
February 2, 2023
Page 1 of 3
incorporated herein by this reference; and
WHEREAS, the City Council concurs with the Findings of Fact and Conclusions of
Law of the Hearing Examiner; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Adoption of the Hearing Examiner's Findings of Fact and
Conclusions of Law. The City Council adopts the Findings of Fact and Conclusions of
Law based thereon, made and entered by the Hearing Examiner in support of the
recommendation to the City Council, as set forth in the "Findings of Fact, Conclusions of
Law and Recommendation for the Green River College Rezone, City File Number REZ22-
0001, dated January 23, 2023", attached hereto, marked as Exhibit "A".
Section 2. Approval. The City Council adopts and approves the request to
change the zoning of King County Parcel No. 0921059229 from R-5, Residential — Five
Dwelling Units per Acre to I, Institutional.
Section 3. Constitutionality or Invalidity. If any section, subsection clause
or phase of this Ordinance is for any reason held to be invalid or unconstitutional such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this Ordinance, as it is being hereby expressly declared that this
Ordinance and each section, subsection, sentence, clause and phrase hereof would have
been prepared, proposed, adopted and approved and ratified irrespective of the fact that
any one or more section, subsection, sentence, clause or phrase be declared invalid or
unconstitutional.
Section 4. Recordation. Upon the passage, approval and publication of this
Ordinance No. 6901
February 2, 2023
Page 2 of 3
Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this
Ordinance to be recorded in the office of the King County Auditor's Division.
Section 5. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 6. Effective Date. This ordinance shall take effect and be in force
five (5) days from and after its passage, approval, and publication, as provided by law.
INTRODUCED: FEB 21 2023
Ecd 2 2023
PASSED:
APPROVED: FEB 2 1 2023
CITY OF AUBURN
NAN Y B
diftWit
A S, MA 40R
ATTEST:
or a. "Ot 11,
Shawn Campbe , City C erk
APP • - •R :
EL
Kendra , City Attorney
Published:
Ordinance No. 6901
February 2, 2023
Page 3 of 3
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6 BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN
7 Phil Olbrechts,Hearing Examiner
8 RE: Green River College
FINDINGS OF FACT, CONCLUSIONS
9 Rezone OF LAW AND RECOMMENDATION.
10 REZ22-0001
11
INTRODUCTION
12
13 Green River College has requested a rezone to reclassify approximately 1.71 acres
from R-5 (Residential 5 dwelling units per acre) to I (Institutional) at 31715 124th
14 Avenue. As discussed in the Conclusions of Law below, the City Council is arguably
legally mandated to approve the rezone because the proposed I zoning district is the
15 only appropriate implementing zone of the underlying Institutional comprehensive
plan map designation. Beyond that, the rezone serves public health, safety and
16 welfare by enhancing the ability of Green River College to provide educational
17 services at nominal or no adverse impact to the surrounding community. The rezone
site is currently occupied by a.vacated 5,950 square foot daycare center. The College
18 intends to convert the use of that building to administrative support services and
continuing education for its instructors.
19
ORAL TESTIMONY
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21 Diana Reed, Auburn City Planner, summarized the staff report. The hearing
examiner inquired about worst case uses such as sports fields authorized by:the
22 rezone should the rezone be approved. Ms. Reed acknowledged that uses such as
sports fields could be authorized without a conditional use permit if the rezone were
23 approved, but emphasized that the Applicant has permit applications on file to just
24 use the property for administrative support and instructor continuing education.
25 Jeff Dixon, planning services manager, noted that the project site-is only 1.7 acres in
size, so that limits the type of uses that could be conceivably added to the site. The
site is also surrounded to the north and west by a city park that has sports fields,
recreational equipment and picnic areas.
Rezone p. 1 Findings, Conclusions and Recommendation
1 Steve Starling, on behalf of GRC, in response to examiner questions noted that the
2 existing daycare building has been vacant for more than two years.
3
EXHIBITS
4
Exhibits 1-5 listed at page 7 of the January 4,2023 staff report were admitted into the
5 record during the January 18, 2023 public hearing. The staff's PowerPoint
6 presentation was admitted as Exhibit 6 after close of the hearing upon agreement of
all hearing participants (City and Applicant).
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FINDINGS OF FACT
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9 Procedural:
10 1. Applicant. The applicant on behalf of Green River College is Connor
Davidge, Architectural Designer, SSW Architects, 901 Fifth Avenue, Ste. 3100,
11 Seattle,WA 98164.
12 2. Hearing. The Hearing Examiner conducted a hearing on the application at
13 5:30 p.m. at Auburn City Hall in the Council Chambers on January 18, 2023.
14 Substantive:
15 3. Site/Proposal Description. Green River College (GRC) has requested a
16 'rezone to reclassify approximately 1.71 acres from R-5 (Residential 5 dwelling units
per acre) to I (Institutional) at 31715. 124th Avenue. The project site has an existing
17 5,950 square foot wood frame building constructed in 1998. The subject property
is rectangular in shape, approximately 264 ft. in width (east to west) and 280 ft. in
18 length(north to south). It is relatively flat and has no critical areas.
19 GRC seeks to change the use of the rezone site from a daycare to office space for
20 Human Resources staff and to continuing education space for the professors and
instructors of GRC. The facility is not intended to be used as classrooms for students
21 attending GRC. The rezone will allow a "college/university/public use" in the
existing facility. Other uses allowed within the I (Institutional) zoning district that
22 could potentially be proposed are included in ACC 18.35.030 Table of Uses.
However, GRC has already submitted an Administrative Use permit application
23 (ADM22-0003) to change the use of the existing building into the intended offices
24 and faculty continuing education facility.
25 Access is from two points to the east of the building, both off 124th Avenue SE. The
frontage is improved with a sidewalk leading to a large parking area served by GRC
on the parcel directly south that contains the Trades & Technology buildings for the
campus. The subject site shows 19 parking spaces with two ADA compliant spaces.
Rezone p. 2 Findings;Conclusions and Recommendation
1 4. Characteristics of the Area. The subject property is located directly north
2 of the Green River College Trades & Technology building and the central campus,
east and south of a city park, and west of a single-family residential neighborhood
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5. Adverse Impacts. No adverse impacts are anticipated from the proposal.
4 The intended change in use is limited to college administrative staff and instructors.
This type of use in such a small building will likely not make any material difference
5 in terms of impacts to neighbors than the previous daycare use, although that use has
6 been vacated for more than two years.
7 It must be recognized that approval of the rezone without conditions does not bind
GRC to its anticipated administrative/continuing education use. GRC would have the
8 legal right at any point in the future to add any use authorized in the Institutional
zoning district, such as scholastic sports fields, none of which apparently requires a
9 conditional use permit. However, as pointed out by Mr. Dixon, the project site is
10 only 1.7 acres in size and is bounded to the north and west by a city park and to the
south by the Green River College Trades & Technology Building. Any "worst-case"
11 uses authorized in the I district for such a small parcel would likely be very limited in
intensity. The only residences that could be affected by use of the project site are
12 residences located across 124 Ave SE, which appears to be a four-lane road. The
project site also has no critical (environmentally sensitive) areas. For all these
13 reasons, the proposed rezone is not found to create any significant adverse impacts to
14 the surrounding community or to the environment.
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CONCLUSIONS OF LAW
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17 Procedural:
18 1. Authority of Hearing Examiner. ACC 18.68.030(A)(1) grants the Hearing
Examiner with the authority to review and make .a recommendation on rezone
19 requests to the City Council.
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Substantive:
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2. Zoning Designation. The property is currently zoned-R-5 Residential.
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23 3. Case Law Review Criteria and Application. As with many local
jurisdictions, the Auburn City Code does not include any criteria for rezone
24 applications. Washington appellate courts have imposed some rezone criteria. Those
courts require that the proponents of a rezone establish that conditions have
25 substantially changed since the original zoning and that the rezone must bear a
substantial relationship to the public health, safety, morals or welfare. See Ahmann-
Yamane, LLC v. Tabler, 105 Wn. App. 103, 111 (2001). If a rezone implements the
Rezone p. 3 Findings, Conclusions and Recommendation
Comprehensive Plan, a showing that a change of circumstances has occurred is not
1 required. Id. at 112.
2 No change of circumstances is required for approval of the rezone because the rezone
3 implements the comprehensive plan. The current comprehensive plan map
designation for the subject parcel is Institutional. The only appropriate implementing
4 zone for the Institutional comprehensive plan designation is the I zone'. Given that
RCW 36.70A.120 requires the City to "...perform its activities...in conformity with
5 its comprehensive plan...," the City Council is arguably legally mandated to approve
6 the rezone.
7 The public health, safety and welfare criterion is easily met. As determined in
Finding of Fact No. 5, the proposal will not create any significant adverse impacts.
8 The proposal also furthers public health, safety and welfare by implementing the
following comprehensive plan policies as outlined in the staff report:
9
• LU-89: The primary purpose of this designation is to address public needs while
10 taking advantages of synergies with the adjacent areas where they are sited.
11 Staff Analysis: The proposed rezone which allows the future change of use of the
12 subject property supports this policy by enhancing the level of expertise of
professors and instructors at Green River College by providing a Teaching and
13 Learning center for them. The use will make an existing building a better
resource for Green River College.
14 • LU-90:Innovative strategies to integrate the uses and sites into the areas where
15 they are sited is encouraged. These strategies should maximize use of the site
while minimizing fiscal impacts to adjacent areas.
16 Staff Analysis: The proposed rezone which allows the proposed change of use
17 supports this policy. The existing building is proposed to have interior renovations
and exterior landscaping upgrades. In addition, a walking path from the existing
18 building is proposed to create a more walkable environment to the campus on
the parcels to the south. The impacts to adjacent areas are expected to be less
19 than the former use of a daycare center with numerous drop-offs.
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21 RECOMMENDATION
22 The Hearing Examiner recommends. approval of REZ22-0001 subject to the
following staff recommended condition:
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25 ' The City's comprehensive plan,p. LU-14, identifies the implementing zone for the I
comprehensive plan map designation as I and "Landing Field." The 1.7-acre parcel
cannot be reasonably used for any authorized "Landing Field" use as that zoning
designation is limited to the City's municipal airport and surrounding areas.
Rezone p. 4 Findings, Conclusions and Recommendation
The application submitted under ADM22-0003 for an administrative use permit
1 to authorize the change of use to the existing building on the subject parcel may
2 only be issued after the end of the appeal period for rezone,REZ22-0001.
3 Dated this 23rd2 day of January, 2023.
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5 Phi 016th,
Phil Olbrechts,
6 City of Auburn Hearing Examiner
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8 2 This recommendation was originally issued on January 18, 2023. However, after
issuance the parties agreed upon admission of Exhibit 6 and this recommendation was
9 then revised to reflect that addition in addition to some other minor grammatical
revisions.
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Rezone p. 5 Findings, Conclusions and Recommendation